How does a residence visa work?

Get Legal Help Today

 Secured with SHA-256 Encryption

How does a residence visa work?

My spouse came from Cuba per my request via I-129F, Petition for Alien Fiancé. Went through the whole process and once he arrived we married and we applied for his temporary residence visa which is valid only for 2 years. Now he needs to do his 10 years residence visa. Is it required for him to do the 10 years residence first or can he jump straight to do the U.S. citizenship. If not, what are the proper steps and forms required. If so, what are the proper steps and forms required.

Asked on February 1, 2012 under Immigration Law, Maryland

Answers:

Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 9 years ago | Contributor

He can obtain the 10 year card by filing the I-751 application with you. He will qualify for citizenship after 3 years of residency (which includes the 2 year/first card). Thus, he will qualify 90 days before the 3rd anniversary of his residency. This is assuming you live together and remain married.

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

He has to file for the removal of the conditional status that he now has.  Only once he has done that and he has satisfied the requirements for naturalization (being a permanent resident for 3 years if married to a US citizen and being physically present in the US for at least 1/2 of that time) can he apply for US citizenship.  Be sure that you timely file the application to remove the conditional status. If you do not, his status will be terminated and he will be sent a Notice to Appear before an immigration judge.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption